MADHYA GUJARAT VIJ COMPANY LIMITED DIVISION OFFICE, BARODA.

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1 MADHYA GUJARAT VIJ COMPANY LIMITED DIVISION OFFICE, BARODA. Name of work : Supply and installation Fire Detection and Alarm System at Sardar Patel Vidyut Bhavan, Race Course, Vadodara. Tender documents for Tender Notice No. : EE (O&M)/Fire/ FDA/Aug-20/ 2014 FOR SUPPLY AND INSTALLATION OF FIRE DETECTION AND ALARM SYSTEM, contains following. Section DESCRIPTION PAGE NO. A Tender Notice 1 B Important Conditions 2 C Commercial Terms and Conditions (Flag-A) 3-40 D Technical Specifications for Supply and Installation of Fire Detection and Alarm System as ANNEXURE-A (Flag-B ) 1-8 E Schedule B (Flag-C) 1-2 Executive Engineer [O&M], Division Office, Vadodara. Signature of the Contractor (With rubber stamp & Date) 0

2 MADHYA GUJARAT VIJ COMPANY LIMITED BARODA (O&M) DIVISION Vidyut Nagar, Old Padra Road, Vadodara Tel.No: (0265) Fax No: (0265) Web Site: Ref.No: BD/EXP/TENDER NOTICE/ Date: Tender Notice No:_BT/09/09/14 EE (O&M)/SP BHAVAN/FIRE/FDA/August-20/ 2014 FOR FIRE SYSTEM Online rate tenders are invited for SUPPLY AND INSTALLATION OF FIRE DETECTION AND ALARM SYSTEM from Registered Contractors in appropriate class with MGVCL/Central/State Government / Railway/Semi. Govt. and who has executed similar nature of work and magnitude by single order 60% successfully. Tenderer should down load the tender documents from this Website URL Tenders-MGVCL-Corporate Office and and Tender ID No only by RPAD/Speed post. Sr. No. Name of Work Estimated Cost Rs. and submit the same as per instructions therein Time Limit Tender Fee Rs. E.M.D. Rs. 1 SUPPLY AND 29,00, months 1250/- 29,000 INSTALLATION OF (Non FIRE DETECTION AND ALARM SYSTEM FOR refundable) SARDAR PATEL VIDYUT BHAVAN, RACE COURSE, VADODARA. 1) Last date & time of physical receipt of tender:(technical bids): up to hrs. 2) Last date of on-line Tender submission: up to16.00 hrs. 3) Date & time of opening of physical technical bid opening: at hrs (if possible) 4) Date & time of opening of on line technical bid opening: at hrs (If possible) 5) Tentative date of on line opening of price bid: (if possible) Note: Price Bid should not be sent separately in physical form only on line price bid will be considered. Technical Bid should be submitted in physical as well as in on-line form. Rate offers are inclusive of all without any extra cost. 6) Validity of tender : 120 Days from the date of opening of Technical Bid No tender shall be accepted / opened in any case after due date and time of receipt of tender, irrespective of delay due to postal services or any other reasons and the Company shall not assume any responsibility for late receipt of tender. The Earnest Money Deposit and tender fee will be accepted only by Demand Draft on any Nationalized Bank / Scheduled Bank situated at VADODARA, drawn in favour of MADHYA GUJARAT VIJ COMPANY LTD. Tender without EMD and tender fee shall be rejected. Two separate demand draft for tender fee and EMD should be submitted with technical bid. The Company reserves the rights to reject any or all tenders or accept any tender without assigning any reason thereof. Executive Engineer [O&M], Madhya Gujarat Vij Company Ltd, Division Office, Vadodara. 1

3 Important Conditions: MADHYA GUJARAT VIJ COMPANY LIMITED BARODA (O&M) DIVISION Vidyut Nagar, Old Padra Road, Vadodara Tel.No: (0265) Fax No: (0265) Web Site: You are requested to quote your most competitive rates for supply, installation and commissioning of Fire Detection and Alarm system. 2. In case any complaint is received from user department (Fire Department) regarding supplied items of Fire Detection and Alarm system panel and other accessories, you have to replace the same free of cost. On receipt of repeated complaints from user department order placed on you will be cancelled and same will be purchased from other party at your risk and cost. 3. Relevant catalogue / literature of required material to be supplied may be submitted invariably by the bidder. 4. Consignee: Store, MGVCL 5. The evaluation of the tender will be done on item wise L1 basis with compatibility of items. Executive Engineer [O&M], Madhya Gujarat Vij Company Ltd, Division Office, Vadodara. 2

4 MADHYA GUJARAT VIJ COMPANY LIMITED BARODA (O&M) DIVISION Vidyut Nagar, Old Padra Road, Vadodara Tel.No: (0265) Fax No: (0265) Web Site: Ref.No: BD/EXP/TENDER NOTICE Date: COMMERCIAL TERMS ANDCONDITIONS 1 The tenderer should thoroughly read all the following clauses before submitting their tender. The original copy of the Commercial terms and conditions duly signed, stamped with company s seal must be submitted along with the bid. Bidders should place the following ANNEXURES as FIRST SIX pages of their offer in the following sequence only. This is mandatory. FIRST PAGE ANNEXURE 08 SECOND PAGE ANNEXURE - 05 THIRD PAGE ANNEXURE - 04 FOURTH PAGE ANNEXURE - 03 FIFTH PAGE ANNEXURE - 02 SIXTH PAGE ANNEXURE TENDER SPECIFICATIONS: All technical specification should be ISS/ISI/BIS. Specification framed out by MGVCL shall be separately brought out in the tender documents. No deviation in specification shall be allowed and MGVCL decision shall be final. MGVCL also desires that all the suppliers should possess high quality ISO 9001 / ISO 9002 certificate within 2 years from 1/1/2001. The technical scrutiny committee of MGVCL shall evaluate the techno-commercial view of the tender. MGVCL reserves the right to open or not to open the price bid of the bidders on the basis of their past performance of their supplied materials. Tender should be in two bids. a) Techno Commercial Bid and b) Price Bid. Incomplete bids and amendments and additions to bids after opening of the bids will be ignored outrightly. 3

5 The price bid of those who are techno-commercially qualified shall be opened. After technical bid is opened, for modification, if any, all shall be given equal chance. 3 PRICE EVALUATION: No price preference shall be given on any account. All tenders will be evaluated on firm price end cost basis, but without loading VAT/Sales Tax, unless otherwise mentioned in the tender documents. The parties however will have to give the detailed break-up of the end cost. If more than one party is to be considered for placement of order, they will have to match their end cost with L-1 end cost, who is technically acceptable. MGVCL may go to the price L-2 depending upon the exigency. If MGVCL feels that there is lack of serious competition or any other reasons, MGVCL may negotiate with the L-1 party. MGVCL s decision shall be final and binding on all the parties. 4 The estimated cost of tender items is notified in the tender notice. Tenderer has to pay 1% of the cost of all their quoted Items. 5 Tender fee (Non-refundable) as notified in the tender notice should invariably be paid by way of Demand Draft; otherwise offer will be ignored outrightly. Indian Postal Orders (IPO s) & Cheques are not acceptable. Demand Draft should be in the name of Madhya Gujarat Vij Company Ltd., Payable at Vadodara. Alternatively, the tenderers can pay the tender fee in CASH at, Madhya Gujarat Vij Company Ltd. (MGVCL), Corporate office, Sardar Patel Vidyut Bhavan, Race course, Vadodara , Cash counter during working day between A.M. to P.M. and on working Saturday between A.M. to P.M. before the due date and time for submission of tender, and enclose the original Money receipt in the EMD cover. THE TENDER (OFFER) SHOULD BE SENT BY R.P.A.D. OR SPEED POST OF P & T DEPARTMENT OF GOVERNMENT OF INDIA ONLY ADDRESSED TO THE EXECUTIVE ENGINEER, BARODA DIVISION OFFICE, VIDYUT NAGAR, OLD PADRA ROAD, VADODARA COURIER SERVICE AND HAND DELIVERY OF TENDERS ARE NOT ALLOWED. THE TELEGRAPHIC OR SHORT OFFERS RECEIVED WILL NOT BE ACCEPTED AND THE OFFERS WILL BE REJECTED OUTRIGHTLY. MGVCL WILL NOT BE RESPONSIBLE FOR THE TRANSIT LOSS OR MISPLACEMENT OF THE TENDER (OFFER). Tender fee Demand Draft / Original Money fee receipt must be kept in the cover of EMD; otherwise supplier s offer is liable to be rejected. 4

6 6 Both the bids technical & price bid, and the samples if any should be submitted simultaneously along with separate EMD cover in the respective envelopes and superscribed accordingly (duly sealed), so as to reach this office not later than P.M. on due Date as specified in the tender notice through RPAD / Speed post only. Please note, that any bid, technical or price bid received after the due date and time will not be accepted and the offer will be ignored outrightly. NO LATE TENDER / DELYAED TENDER SHALL BE CONSIDERED. The samples as per the tendered technical specification and requirement must be submitted during working day only and not later than HRs. of date of physical submission of bid/documents to the following address only. DELAYED AND LATE TENDERS: NO TENDER SHALL BE ACCEPTED / OPENED IN ANY CASE WHICH ARE RECEIVED AFTER DUE DATE AND TIME OF THE RECEIPT OF TENDER IRRESPECTIVE OF DELAY DUE TO POSTAL SERVICES OR ANY OTHER REASONS AND MGVCL SHALL NOT ASSUME ANY RESPONSIBILITY FOR LATE RECEPIT OF TENDER. ANY CORRESPONDANCE IN THIS MATTER WILL NOT BE ENTERTAINED. 7 PRICES: Prices quoted should be FIRM and on F.O.R. Destination basis (i.e. any of the stores of MGVCL in Gujarat). However, the Tenderer should indicate in the Schedule B i.e. Price Bid only, the break-up of Unit F.O.R. Destination Prices stating the Unit Ex-works price for Excise purpose, Excise duty, VAT/Sales Tax, the average freight and packing charges, and Insurance Charges. Tenderer / supplier should quote the Freight as well as Insurance Charges both separately as shown in price bid which is a must. Please note that payment of excise duty will be made only on Ex-Work prices. Also, please mention rate of Excise duty. If not specifically mentioned then MGVCL will have the option to take the prices as exclusive of taxes and duties at maximum higher slab rates for the evaluation of the tenders. This Schedule B should be submitted in the Price Bid envelope. NOTE : THE BIDDERS, WHOSE END COST PRICES ARE FOUND ALMOST EQUAL, THE QUANTITY DISTRIBUTION LIMITING TO FEW OF SUCH BIDDERS WILL BE DECIDED ON DRAW SYSTEM AND THE SOLE DISCRETION OF MGVCL. Only for Traders: [i] In case of a Trader, if the quotation is furnished for all inclusive rates and the rates of taxes and duties are indicated without indicating the amount, in such a case, the trader is eligible for statutory variation. [ii] Where the Trader quotes all inclusive rates without indicating the rate of Taxes and Duties included in the quoted price, the Trader is not eligible for statutory variation. The Tenderer should invariably indicate the total unit end cost price considering all their costs / calculations in the Price bid itself for each item and all sub-items if any. 5

7 This is a must. Cost components hidden / furnished elsewhere will not be considered and will be ignored outrightly. 8 EARNEST MONEY DEPOSIT: (E.M.D.) E.M.D. at the rate of 1% of the value of the items offered is payable. The EMD is payable either in Cash or by Demand Draft in favour of the Madhya Gujarat Vij Company Ltd. on any Scheduled / Nationalized Banks in Vadodara. It can also be furnished by way of an irrecoverable Bank Guarantee from any nationalized Bank in a standard format prescribed by MGVCL (Format given in this tender document). And if this amount is more in respect of tender value of Rs.1 Crore, it should be partially (50%) in cash or by DD in favour of Madhya Gujarat Vij Company Ltd. on any Scheduled Bank in Vadodara and balance 50% by Bank Guarantee from any Scheduled / Nationalized Banks in a standard format prescribed by MGVCL (Format given in this tender document). Cheques are not acceptable. CORPORATE GUARANTEES NOT ALLOWED. The exemption in payment of EMD shall be given to the Small, Cottage & Tiny industrial units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender subject to furnishing of the authenticated notary certificate copy of the above certificates. No relaxation shall be given to the bidders having valid SSI/NSIC certificate of Outside Gujarat State. No relaxation shall be given to the bidders having only one registration number from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. The SSI & NSIC/CSPO/DGS&D certificate should indicate the manufacture of items offered under this tender. Provisional Registration Certificates are NOT allowed. Government or Semi-Government Organizations, which are run departmentally & are not limited Companies, will be eligible for exemption from payment of E.M.D. No Interest will be allowed against payment of E.M.D. EMD COVER: The EMD Cover should contain the following documents: [i.e. a), b), & c) as under] [a] Documents towards payment of Earnest Money Deposit (EMD) & Tender Fee may please be kept in the EMD cover only. First the EMD cover will be opened & if the documents towards payment of Tender Fee & EMD are found OK then only Technical Bid will be opened which may please be noted. If, Small, Cottage & Tiny industrial units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates submit SSI and CSPO/NSIC/DGS&D registration certificates for the item under tender subject against EMD, then they should be authenticated from notary. NSIC/CSPO/DGS&D certificate more than 03 years old will not be considered and the validity of the same should cover at least the validity period of the tender and thereafter it has to be renewed and submitted immediately. 6

8 No relaxation shall be given to the bidders having valid SSI/NSIC certificate of Outside Gujarat State. No relaxation shall be given to the bidders having only one registration number from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. All the SSI and CSPO/NSIC/DGS&D registration certificates Documents furnished along with the tender submitted by the bidders having Small, Cottage & Tiny industrial units registered under small scale industries of Govt. of Gujarat should have clear validity as per the tender and should invariably be renewed as per the norms of SSI and CSPO/NSIC/DGS&D registration certificates Otherwise they shall have to pay EMD and no exemption will be granted. Tenders submitted without Earnest Money Deposit by the firms, who are not eligible for any exemption, will be rejected without entering in to further correspondence in this regard and no reference will also be made. [b] List of Orders executed of last three (3) years including supplies made to GUVNL (Formerly GEB) or their subsidiary companies viz. MGVCL/DGVCL/UGVCL/PGVCL/GETCO/GSECL, for the tendered items. [c] Valid Vendor Registration Certificate of the bidder with GUVNL or their any subsidiary company. THIS IS A MUST. Clause No.2 (commercial terms and conditions) of this tender document will be applicable for Vendor Registration. EMD will be forfeited (i) if the tender, which it covers, is withdrawn during the validity of the offer and (ii) the Tenderer fails to furnish / deposit the Performance Guarantee towards Execution Period (security deposit) as per below clause no.12. EMD of the unsuccessful tenderer s will be returned within 60 days of placing of the LOA with the successful Tenderer subject to the Tenderer returning the original receipt of the EMD together with the advance stamped receipt, to the Accounts Officer (Billing) of MGVCL. EMD will be returned to the successful bidders, only on their submission of performance guarantee towards execution period against LOA released on them. 9 PERFORMANCE GUARANTEE (PG) TOWARDS EXECUTION PERIOD: (i.e. SECURITY DEPOSIT): (Should be paid within 30 (thirty) days from the date of LOA). The successful tenderers except the Gujarat bidders having Small, Cottage and tiny Industrial units of Gujarat State having the registration number under Small Scale Industries of Government of Gujarat will be required to pay an amount equivalent to 10% (Ten) of the value of the order as a Performance Guarantee (Security Deposit) for successful execution of the contract. Such Performance Guarantee (Security Deposit) for satisfactory/successful execution will be payable either in Cash / D.D. / Bank Guarantees only. Bank Guarantees from Scheduled / Nationalized Banks will be acceptable if the amount of security deposit payable exceed Rs.5,000/-. The Bank Guarantees will be executed on the standard form prescribed by MGVCL. In case of the Bank Guarantees furnished / submitted, they should have clear one time validity till the completion of the order in all respects. Bank Guarantee for 7

9 Interim period will not be allowed. If by any reasons the supply period is extended then supplier should undertake to renew the Bank Guarantee at least one month before the expiry of the validity (i.e without vacuum period and without waiting for MGVCL s intimation seeking extension) failing which MGVCL will be at liberty to encash the same. CORPORATE GUARANTEES AND STAGEWISE BANK GUARANTEES ARE NOT ALLOWED. The Performance Bank Guarantee covering execution of contract will be returned only on successful execution of contract and on receipt of the Bank Guarantee towards warranty/guarantee. ONLY FOR GUJARAT BIDDER/S: The Small, Cottage and tiny Industrial units of Gujarat State having the registration number under Small Scale Industries of Government of Gujarat have to submit the security deposit of (i.e. performance Guarantee towards execution) 6% of total value of order instead of 10 % of order value. The above relaxation in payment of performance Guarantee towards execution period (Security Deposit) shall be given to the small, cottage & Tiny industrial Units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. It is mandatory for the bidders of Gujarat state to submit the notarized copy of valid SSI certificate or applicable valid acknowledgement of memorandum filed by Small, cottage and tiny industrial units with the District Industrial Centre (DIC) of Gujarat State and notarized copy of subsequent registration certificate of CSPO/NSIC/DGS&D otherwise bidder have to pay the security deposit 10% of order value. No relaxation shall be given to the bidders having only one registration numbers from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. No exemption as well as relaxation shall be given to outside Gujarat based parties. The successful bidder shall have to furnish PG against warranty (as per condition no.47 of this tender commercial terms &condition) of the contract value separately as applicable as per this tender condition. NOTE: GUVNL and their any subsidiary company viz. MGVCL / DGVCL / PGVCL / UGVCL / GETCO / GSECL has discontinued the registration of suppliers as class A, B, & C and as such it will not be applicable for the current tender under issue. If the full Performance Guarantee towards Execution Period (Security Deposit) amount is not paid within 30 (Thirty) days after the receipt of the LOA, then the LOA will be out rightly cancelled at the risk & cost of the Tenderer (at the discretion of MGVCL) without entering into any correspondences and this will be binding on the Tenderer and no final A/T will be placed and if placed, it will also be out rightly cancelled. 10 VALIDITY OF THE OFFERS: The offers will have to be kept valid for a period of 120 days from the date of opening of technical bids. In case of finalization of the tender is likely to be delayed, the tenderers will be asked to extend the same without change in the 8

10 prices or any terms and conditions of the offer. If any change is made, original or during the extended validity period, the offers will be liable for outright rejection without entering into further correspondence in this regard and no reference will also be made. 11 RAILWAY RECEIPT (R.R.) / TRUCK RECEIPT (T.R.): All goods should be dispatched freight paid and the R.R. /T.R should be forwarded directly to the consignee by registered letter and not through any Bank or MGVCL Office of Vadodara. It should be immediately intimated on dispatch of the stores, as otherwise demurrage charges if any paid by the consignee will be deducted from supplier s bill. It is essential that packing notes and prices invoices should be furnished to the consignees in respect of every consignment with a copy to this office. A clear R.R. /T.R. should be obtained from the Railway authorities / Transport Authorities without any ambiguity, otherwise the supplier will be held responsible for any damages / shortage claim rejected by the Authorities for want of a clear R.R. /T.R. Materials may be dispatched by any convenient mode of transport and up to MGVCL stores i.e. F.O.R. Destination. 12 PACKING AND FORWARDING CHARGES: The prices shall be inclusive of packing & forwarding charges. The stores should be strongly and adequately packed to ensure safe arrival at destination. The materials dispatched from overseas by Air / Shipping should be packed in such a way that it can withstand rough handling and possible corrosion due to exposure to salt laden atmosphere, salt spray or open storage. All packing must be clearly marked with order Number and consignee s name and address. 13 TRANSIT INSURANCE: All the materials will be required to be supplied up to Destination against all transit risks, such as damage, loss, theft, fire, etc. The insurance period shall cover 30 days after the date of receipt of materials at site in order to enable MGVCL to check up stores fully. The suppliers will be responsible for free replacement of such stores components as may be reported by the consignee which have been received short, damaged or broken within 30 days. The cost of damaged, defective stores materials will however be deducted from the bills of the suppliers and will be refunded only after replacement thereof. It will be the responsibility of the supplier to lodge claim against the insurance on receiving necessary advice from the consignee. 14 ACCEPTANCE OF STORES: All or any stores and materials to be supplied at F.O.R. Destination, against this contract will be subject to their acceptance by the consignee or any other Officer deputed by MGVCL for this purpose. MGVCL will be at liberty to reject whole lot 9

11 without assigning any reasons and the decision of the Officer concerned will be considered as final. 15 SALES TAX / VAT (VALUE ADDED TAX): The prices should be quoted Exclusive of VAT / Sales Tax i.e. Without VAT or Central Sales Tax (CST). The amount / percentage of Tax (VAT or CST) should clearly be indicated separately. The Stores are required for consumption in Transmission and Distribution of electrical energy and as such, Gujarat State VAT will be paid as per rules. Central c form will be issued at the time of payment of bills whenever applicable. You are requested to quote your VAT (TIN) / Central Sales Tax Registration Number & date in all the bills. The Gujarat Sales Tax (VAT) is applicable on Freight Component also for the dispatches within Gujarat State. As per Government of Gujarat directives, while evaluating your offer the incidence of Tax (VAT / CST) will NOT be loaded. 16 UNLOADING: Unless and otherwise specified in the detailed purchase order, Unloading of the materials shall be arranged by MGVCL. 17 STATUTORY VARIATION: Any statutory increase or decrease in the taxes and duties subsequent to suppliers offer if it takes place within the original contractual delivery date will be to MGVCL account subject to the claim being supported by documentary evidence. However, if any decrease takes place after the contractual delivery date, the advantage will have to be passed on to MGVCL. 18 PAYMENT TERMS: Payment shall be made by MGVCL, either directly to you or to suppliers Banker for the materials supplied as per MGVCL standard payment terms and conditions i.e. 80% of Ex-Work price including 100% of F&I, Taxes & duties, on receipt on Truck Receipt Certificate (TRC) within 30 (Thirty) days on verifying required documents as per A/T conditions and balance 20% of Ex-Works within 45 days (Forty Five) on receipt of Store Receipt (S.R.) Note from the consignee. Alternatively, MGVCL may make payment through SIDBI, ICICI, Power Finance Corporation, R.E.C. or any other financial institution depending upon facility available at the relevant time. In case of payment through SIDBI, ICICI, 80% and / or 20% of Ex-Works price including 100% of F&I, Taxes & duties, payment shall be made against TRC / RRC and S.R. Notes (in case of 20% payment). In case of payment through SIDBI / ICICI necessary, stamp charges and interest charge shall be borne by MGVCL. Other charges, if any shall have to be borne by the supplier. 10

12 Tenderer, while quoting need specifically agree to receive payment under any of the aforesaid alternative at the option of MGVCL. You shall invariably instruct your Bankers to accept lesser amount than IBC amount (Bank Advice amount) in case MGVCL Cheque amount differs from claimed amount / IBC amount supported with deduction memo. In case of payment through Bank: You shall have to furnish (i) Indemnity Bond for the A/T, (ii) Undertaking (iii) Power of Attorney duly registered with MGVCL for individual Bank and a request letter for discounted bills to issue Cheque in favour of your Bank A/c. M/s.. (All these three documents should be as per MGVCL format only and should be duly NOTARIZED). While extending the above facility, MGVCL in no case will be responsible for any default in repayment OR interest to the Bank by you. Your Banker should accept the payment released as per the Bill passed and audited. MGVCL would normally accept only one mode of payment: viz. Either (1) Direct payment OR (2) Payment through Bank or Financial Institution on the strength of Power of Attorney to be executed by the supplier to that effect. Tenderer, while quoting should specifically state any one mode of payment chosen by them. They should indicate the name of the Bank / Financial Institution to whom the payment is to be made. Also the Indemnity bond is to be furnished by the supplier as per the prescribed format, which may be obtained from MGVCL. 19 REPEAT/ADDITIONAL ORDERS: MGVCL reserves the right to place repeat orders / additional orders on the successful tenderers up to 25% of the original quantity of the A/T at the same prices terms and conditions stipulated in the original contract during contractual period. In special circumstances MGVCL will reserve the right to place repeat order / additional order up to 100% quantity mutually agreed upon. 20 SUPPLY OF MATERIALS AT MGVCL S STORES: The Tenderers will have to agree to supply any of the quantities at any of MGVCL Stores in Gujarat (i.e. F.O.R Destination only.) 21 PENALTY FOR LATE DELIVERY: 21.1 Penalty shall 0.5% per week or part thereof on delayed portion subject to maximum 10% of the order value (end cost) in case of supply only, whereas in case of projects, the ceiling shall be with reference to total contract value of the project (supply + erection + civil). For calculating the delayed portion, date of actual receipt of material at store shall be considered In order to avoid delay in dispatch of the inspected lot materials, for which the dispatch instructions are already issued, the supplier shall arrange the transportation so as to receive the materials at respective consignees stores within 15 days from the date of dispatch instructions issued. If materials are not received at stores within 15 days from the date of dispatch instruction issued, the special penalty charges shall be recovered at 0.5% per week or part thereof, maximum up to 3% of the dispatch instructions consignment value. 11

13 21.3 In case of Foreign OEM / Indian trader of a Foreign OEM, in order to avoid delay in dispatch of the inspected lot of materials, for which the dispatch instructions are already issued, the supplier shall dispatch the materials to respective consignees within 60 days from the date of dispatch instructions. If materials are not dispatched within 60 days from the date of dispatch instruction, the special penalty charges shall be recovered at 0.5% per week or part thereof, maximum up to 3% of the consignment value of the lot of respective dispatches instruction. For calculation of penalty date of bill of lading / airway bill / courier receipt shall be considered as date of delivery General Guide lines: In order to avoid delay & possible attraction of penalty, The firm has to offer the inspection call 15 days prior to proposed date of inspection and prior to 30 days from the due date of delivery schedule If above clause No is fulfilled by firm then any delay in inspection and any delay in issuance of Dispatch instruction, said delay period will not be considered for penalty purpose However, in case the material is offered for inspection but does not fulfill criteria as per clause No and does not supply material as per delivery schedule, the same will be considered as delay in delivery and will be liable for penalty in terms of the contract. Due consideration will be given for waival / levy of penalty only for the reasons absolutely beyond suppliers control (e.g. Force Majeure conditions as laid down in the DGS & D, Clause reproduced hereunder) for which documentary evidence will have to be provided. The request for extension in delivery giving reasons and supporting documents shall have to be made within one month on completion of the supply only. The request made after one month on completion of the supply shall not be entertained and rejected out rightly without any correspondence. No request for waival / levy of penalty will be entertained / reviewed during the execution of order. D.G.S & D. FORCE MAJEURE CLAUSE If, at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of the public enemy, civil commotion, sabotage fires, floods, explosion, epidemics, quarantine restrictions, strikes lockouts or acts of God (hereinafter referred to as event), then provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence there of neither party shall by reason of such event be entitled to terminate this contract nor shall either party shall have any claim for damages against the other in respect of such non-performance of delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to end or ceased to exist, and the decision of the Managing Director as to whether the deliveries have been so resumed or not shall be final and conclusive. 12

14 Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the Managing Director of the company, which shall be final, all unused undamaged and acceptable materials bought out components, and stores in course of manufacture in the possession of the Supplier at the time of such termination or such portion thereof as the Purchaser may be deem fit excepting such materials, bought out component and stores as the supplier may with concurrence of the Purchaser elect to retain. 22 Extension In Contractual Delivery Date: It will be supplier s responsibility to ensure that goods are delivered within the stipulated delivery period. However, on account of reasons beyond ones control as laid down in the DGS & D Force Major Conditions MGVCL may consider extension of delivery period with or without statutory variations and with or without price variation. However, delivery extensions will be considered only after execution of the order fully and upon submission of documentary evidence for the reasons of delay. Such extension will be subject to the following conditions shown hereunder. (a) That no increase in price on account of any statutory increase in or fresh imposition of customs duty, excise duty, sales tax or on account of any other tax or duty leviable in respect of the stores specified in the said acceptance of the tender which may take place on or after the contractual delivery date of the P.O referred to above shall be admissible on such of the said stores as are delivered after the original contractual delivery date and (b) That notwithstanding any stipulation in the contract for increase in price on any other ground, no such increase which has become effective on or after the contractual delivery date of this said P.O shall be admissible on such of the said stores as are delivered after the original contractual delivery date. (C) But nevertheless, the purchaser shall be entitled to the benefit of any decrease in price on account of reduction in or remission of customs duty, excise duty, sales tax or on account of any other tax or duty or on any other ground as stipulated in the P.O., which takes place or on after the contractual delivery date of the said P.O. 23 REPLACEMENTS OF GOODS BROKEN, DAMAGED OR SHORT: In the event of any stores or part thereof being broken or damaged or received short during transit or during the testing and trial at site before commissioning in 13

15 service the suppliers shall replace the same free of cost. However, MGVCL will arrange recoveries of amount equivalent to cost of such damaged / broken / short supplied materials before actual replacement is given. 24 POST TENDER CORRESPONDENCE / ENQUIRIES: Any correspondence or enquiry subsequent to opening of Technical and Commercial bids is not desirable, if the same is indulged into, it will be considered for disqualifying the tender. The Tenderer will be required to abstain from pursuing / canvassing the matter, directly or indirectly with any Officers of MGVCL, as otherwise the same would also amount to disqualification of the tender. 25 Tenderer must submit offers / bids along with requisite descriptive literature etc. in Duplicate (separate bounded sets) clearly indicating as Original and Duplicate duly signed and stamped by them. Wherever applicable, Complete Technical data of Equipment s / Materials / Apparatus, etc. must be furnished along with the tender including [i] Dimensional Drawings [ii] Type Test Certificate from Govt. Recognized Laboratory [iii] Guaranteed Particulars, [iv] List of Testing facilities available in the works must be furnished with the tender which is a must. Tenderer will be at full liberty to provide information and data about his products. 26 TEST CERTIFICATES: Test Certificate for the stores as per relevant BSS / ISS shall be submitted in Triplicate for our approval prior to dispatch of stores and should be dispatched only after the test certificates are approved. Supplier will be responsible for any expenditure that consignee might incur if the goods stand rejected on this account. Further, MGVCL will not be responsible for any delay in payment on this account. 27 The purchaser (i.e. MGVCL) shall have the right to make any changes, additions / deletions or modifications in any terms / conditions of the tender and / or specifications as may be deemed necessary by MGVCL at its sole discretion at any time before the due date of opening of the tender. 28 Tenderer should furnish a list of orders for similar items executed by them indicating the name of the party and their order reference to whom they have supplied, to be furnished in Annexure- 6. Failure to do this will result on suppliers tender being rejected without any reference. In case of bought out items they should furnish the back up guarantee from their principals. 29 The materials should be offered strictly confirming to ISS / BIS / Tender specifications given in the tender. If the tenderer s desires to quote with any technical deviations they should specifically quote the deviation & the ISS or BIS Nos. in the body of the tender itself under the respective Annexure of this tender document. If technical deviations furnished by the Tenderer are not agreeable to MGVCL, the 14

16 offers may be ignored. However it will be solely at MGVCL discretion to consider the technical deviations OR not for considering the Tenderer. No correspondences of the Tenderer after opening of the bid will be entertained in this matter. 30 Please indicate whether the goods offered are first sale or second sale so as to determine the payment of sales tax. 31 TENDERERS SHOULD FURNISH THE FOLLOWING DETAILS: [1] Sales Tax Registration No. Date and issuing authority. [2] Registration No. under shops and Estt. Act and issuing authority. [3] Registration No. under Small Scale Industries / National Small Scale Industries Corporation (NSIC) or under DGTD etc. - Submit Notarized copy for the same. [4] A list of the Partners / Directors with the permanent as well as present address, phone & fax numbers and other details like their relationship, if any with MGVCL employee should be furnished along with the tender. [5] List of machinery and production capacity and Items manufactured. [6] List of pending orders (with orders Nos. & date) and customer s name and address and orders executed so far with other Electricity Board s / GUVNL (Formerly GEB). [7] Audited Accounts of last three years of the firm. [8] Performance reports if any. [9] The valid Notarized copy of relevant and valid BIS License copy along with all enclosures. Provisional BIS / IS Registration Certificates are NOT allowed. If the firm is certified ISO Company (Provisional Registration Certificates are NOT allowed), then all the relevant documents duly Notarized be furnished. [10] Consent letter from their principals to manufacture such items. [11] All the testing equipment MUST have been calibrated upto date. The details for the same may be submitted. 32 Revision of prices or any commercial terms affecting the price after opening of technical bids shall not be considered and will be ignored. 33 Tenderers should indicate the name of their partners of their manufacturing firm. 34 Please give suitable declarations as under: I / We declare that we are manufacturer for all the tendered items. 35 Tenderer should specifically mention in the offers and should indicate in Block letters the name of the Partners / Proprietor / Directors who is / are the signing authority. 36 GUARANTEE: If the goods, stores and equipments found defective due to bad 15

17 design or workmanship the same should be repaired or replaced by you free of charge if reported within 18 months of their receipt at site or 12 months from the date of commissioning of equipments whichever is earlier. You will be responsible for the proper performance of the equipments / materials for the respective guarantee period. materials for the respective guarantee period. PERFORMANCE GUARANTEE (PG): (To Cover Warranty / Guarantee Period) The performance Guarantees are applicable as shown in the following table: The bidder except the Gujarat bidders having Small, Cottage and tiny Industrial units of Gujarat State having the registration number under Small Scale Industries of Government of Gujarat shall have to submit the Performance Guarantee in the form of Bank Guarantee to cover warranty / guarantee period wherever applicable for the items to be purchased, as mentioned in TABLE-A hereunder. The Performance Bank Guarantee towards warranty / guarantee will be retained till completion of the warranty / guarantee period. This guarantee shall be applicable for all the bidders except the Gujarat bidders having Small, Cottage and tiny Industrial units of Gujarat State having the registration number under Small Scale Industries of Government of Gujarat irrespective whether they are SSI & NSIC / CSPO / DOS&D units. TABLE-A Sr. No Items Amount. Mode of payment of Performance Guarantee Amount 1 Supply, Installation and commissioning of Fire Detection and Alarm System for Sardar Patel Vidyut Bhavan Building, Race Course, Vadodara. 10% (Ten) of the contract value in the form of B/G to cover the warranty period Performance guarantee amount will have to be paid either in the form of Bank Guarantees OR in cash /Demand Draft ONLY FOR GUJARAT BIDDER/S: The Gujarat bidders having Small, Cottage and tiny Industrial units of Gujarat State having the registration number under Small Scale Industries of Government of Gujarat shall have to submit the Performance Guarantee in the form of Bank Guarantee to cover warranty / guarantee period wherever applicable for the items to be purchased, as mentioned in TABLE-B hereunder. The Performance Bank Guarantee towards warranty / guarantee will be retained till completion of the warranty / guarantee period. TABLE-B Sr. Items Amount. Mode of payment of 16

18 No 1 Supply, Installation and commissioning of Fire Detection and Alarm System for Sardar Patel Vidyut Bhavan Building, Race Course, Vadodara. 03% (Three) of the contract value in the form of B/G to cover the warranty period Performance Guarantee Amount Performance guarantee amount will have to be paid either in the form of Bank Guarantees OR in cash /Demand Draft The above relaxation in payment of performance Guarantee towards Guarantee / warrantee period shall be given to the small, cottage & Tiny industrial Units registered under small scale industries of Govt. of Gujarat and holding subsequent registration with CSPO / NSIC / DGS&D registration certificates for the item under tender. It is mandatory for the bidders of Gujarat state to submit the notarized copy of valid SSI certificate or applicable valid acknowledgement of memorandum filed by Small, cottage and tiny industrial units with the District Industrial Centre (DIC) of Gujarat State and notarized copy of subsequent registration certificate of CSPO / NSIC / DGS&D otherwise bidder have to pay performance guarantee towards warrantee/ guarantee of amount as mentioned in TA8LE-A. No relaxation shall be given to the bidders having only one registration numbers from Government of Gujarat but no subsequent registration with CSPO/NSIC/DGS&D registration certificates for the item under tender. No exemption as well as relaxation shall be given to outside Gujarat based parties. The Performance Guarantee to cover warranty / guarantee for the tendered items wherever applicable as above shall be furnished in the form of D.D. / Cash and by Sank Guarantee, by the successful Tenderer for satisfactory peormance of the materials, which should be valid for 18 months from the date of commissioning. The PG submitted should be for the full period i.e.18 Months should have a clear one time validity for the full period. PG for an interim period will not be allowed. However, in case of expi of PG before the said period the same should be got extended / renewed till the completion of said period by the Tenderer at least one month before the expi of the validity failing which MGVCL will be at liberty to encash the same, thout entering into further correspondence, formalities, etc. in the matter. "NO STAGEWISE SANK GUARANTEES WILL BE ACCEPTA8LE IN ANY CASE. " CORPORATE GUARANTEES ARE NOT ALLOWED. 37 APPROVAL: The goods shall be subject to the approval of the concerned consignee after receipt of the stores at site. 38 OTHER CONDITION OF SUPPLY: GUVNL / MGVCL General Conditions of contract will apply to all supply to contracts and supplier will be deemed to fully aware of GUVNL (Formerly GEB) general conditions of contract for the supply of plant equipment and materials except the conditions modified in this commercial terms and conditions and any ignorance of these conditions will not exempt supplier from their liability to abide by the same. Copies are available from MGVCL Office. 17

19 39 MGVCL also reserves the right to accept the whole or part of such supplies or of the utilized materials and recommend reduced prices taking into account the defects noticed. Such reduction for the whole lot will be maximum up to 30% (Thirty) of the End Cost Price, provided MGVCL accepts the materials. In this respect the decision of MGVCL will be final and will be binding on the supplier. 40 If in any company, the interest of any employee of the MGVCL. or his relative as defined in Section VI of the Company s Act. 1956, is 10% or more, MGVCL will not deal with such company at all. Tenderer therefore, must specifically disclose this fact in his technical Bid. Non-disclosure of such facts would disqualify the Tenderer for further dealing with MGVCL. 41 TERMINATION OF CONTRACT: In case, the supplier fails to deliver the stores / materials / equipments or any consignment thereof within contractual period of delivery or in case the stores are found not in accordance with prescribed specification and/or the approved sample, MGVCL shall exercise its discretionary power either: [a] To recover, from the supplier as agreed, by way of penalty clause above, Or [b] To purchase elsewhere after giving due notice to the supplier on account and at the risk of the supplier such stores not so delivered or other similar description without canceling the contract in respect of the consignment not yet due for delivery Or [c] To cancel the contract. In the event of the risk purchase of stores of similar description, the opinion of MGVCL shall be final. In the event of action taken under clause (a) or (b) above, the supplier shall liable to pay for any loss which MGVCL may sustain on that account but the supplier shall not be entitled to any saving on such purchases made against default. The decision of MGVCL shall be final as regards the acceptability of stores supplied by the supplier and MGVCL shall not be required to give any reason in writing or otherwise at any time for rejection of the stores. Further, MGVCL reserves the right to terminate the Contract (i.e. Purchase order) at any time, without assigning any reasons, whatsoever, by giving a notice period of ONE month from the date of Notice of termination of the Contract. Suppliers will not be entitled for any compensations / damages / losses, whatsoever, on account of such termination of the Contract. 42 ARBITRATION: All questions, disputes or differences whatsoever which may at any time arise between the parties to this agreement touching the agreement or subject matter thereof, arising out of or in relation there to and whether as to construction or otherwise shall be referred to the decision of the Sole Arbitrator, appointed by the CMD of MGVCL, for that purpose, who shall be a retired High Court Judge or 18

20 retired District and Sessions Judge, and the decision of the said Arbitrator shall be final and binding upon the parties. Reference to the arbitration shall be governed by the provisions of Indian Arbitration & Conciliation Act as amended from time to time and the rules made there under. 43 JURISDICTION: All questions, disputes or differences arising under out of or in connection with the Tender / Contract if concluded shall be subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender / Acceptance of tender is issued, is situated i.e.vadodara. 44 Offers on Ex-stock or offers requiring no foreign exchange will be considered. Those offers requiring foreign exchange will not be considered. 45 SUBMISSION OF OFFERS: The firm having single legal entity and having two or more works / factory and submits offers from two or more different works / factory, in such case firm have to pay separate tender fee, EMD, vendor registration etc. for all works / factory and if separate tender fee, EMD, vendor registration etc. not paid / submitted, MGVCL reserves the right to consider the offer / s against which the tender fee, EMD, vendor registration etc. are paid / submitted. If all the above are submitted in such case MGVCL will consider only one lowest offer for allocation of quantity if decided. Many of the tenderers are submitting their offers with the conditions of advance payment along with the order; such conditions are not acceptable by MGVCL. 46 The Tenderer if being an agent, who submits its offer to MGVCL, will have to give information and declare the name of the principle from which he will procure the materials and supply to MGVCL alongwith company s written confirmation about quality and backup performance guarantee. Only on getting complete information from Agent, such offer if found suitable shall be taken in consideration. 47 MGVCL reserves the right to cancel any or all the offers / bids or to accept any offer without assigning any reasons. Also in case MGVCL finds that there is an attempt of cartel in the prices, MGVCL reserves the right to consider or reject any or all the parties offers without assigning any reasons thereof. 48 MGVCL reserves the right to increase or decrease the quantity against each item/s while placing the order. 49 The names of the Partners / Directors / Sole Proprietors and responsible person and his updated Address / Telephone, Fax Numbers (Office & Residential) etc. should be invariably mentioned in the Annexure 08 of this tender document. 50 The Tenderer must give in his offer, the full name and address with phone, Fax & mobile numbers of the Authorized Representative if any, who has been authorized by the Tenderer to do liaison work with MGVCL on their behalf. Only one Authorized Representative is allowed. 51 The tenderers should invariably write the name and address of the Company, both on sealed covers of EMD, Technical & Price Bids. Otherwise the tender covers without the name and address will not be opened which may please be noted. 19